If 3 partners, who are single, own a property as joint tenants, one partner gets married and dies after 3 yrs. So joint tenancy is for dead partner’s part is broken, and property returns to husband’s estate and his wife automatically gets possession of his part, if husband dies intestate. This possession, is it for entire home or only for part that this partner got? If property had 3 apartments then which apartment does surviving spouse get? How long is this possession for, is it for the rest of life of surviving spouse?
There is a statutory severance of the Joint Tenancy in the example under the Family Law Act. There is no additional protection for the “spouse”. Joint Tenancy deals with ownership not possession. There are now three surviving Tenants-in-common. Individual apartments in the example is not relevant to ownership.
Brian Madigan LL.B., Broker